Track divorce procedure from summons to finalisation. Includes defended and undefended branch logic, settlement, children, discovery, and trial.
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Procedural Guidance Only — Not Legal Advice
Advome guides you through the divorce process step by step. We do not advise on whether you should divorce, what settlement to accept, or what custody arrangement is best.
Those are legal and personal decisions. Consult an attorney or the Family Advocate if you need advice on your specific situation.
1Summons
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2Pleadings
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3Settlement
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4Children
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5Discovery
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6Pre-Trial
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7Set-Down
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8Trial
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9Judgment
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10Finalisation
Divorce Readiness55%
⚠️ Pleadings complete — settlement/children phase active
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Matter Status: Defended or Undefended?
The divorce path changes significantly depending on whether the other party defends the action.
Advome tracks this based on document detection or your manual selection.
Undefended Divorce
The other party does not oppose the divorce. Faster, simpler path. Settlement agreement and parenting plan can be filed together.
Summons served
No plea filed within 10 days
Settlement agreement drafted
Parenting plan (if children)
Undefended path
Defended Divorce
The other party opposes the divorce or disputes terms. Full litigation path: pleadings, discovery, pre-trial, trial.
Summons served
Plea filed
Counterclaim (if any)
Discovery and inspection
Defended path
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Detect Divorce Documents
Upload your summons, plea, settlement agreement, or parenting plan to detect the stage and next steps.
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Upload Divorce Document
Summons, plea, settlement, or parenting plan
DETECTEDDocument Type
Detected Next Steps
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Settlement Agreement Generator
Generate a draft settlement agreement. Both parties must review and agree before signing.
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Parenting Plan Generator
Generate a draft parenting plan. Must be in the best interests of the child and approved by the Family Advocate.
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Rule 43 / Maintenance Pending Litigation
Apply for interim maintenance, custody, or access orders pending final divorce. Rule 43 of the High Court Rules governs this procedure.
Interim Maintenance
Spousal and child maintenance pending final order.
Rule 43
Interim Custody
Temporary custody arrangement pending trial.
Rule 43
Interim Access
Temporary contact schedule pending final parenting plan.
Governs the grounds for divorce, division of assets, and maintenance. Irretrievable breakdown of marriage is the primary ground.
Primary Legislation
Children's Act 38 of 2005Section 18-33
Governs parental responsibilities and rights, parenting plans, and the best interests of the child standard. The Family Advocate must approve parenting plans in contested matters.
Primary LegislationFamily Advocate
Maintenance Act 99 of 1998Section 6-15
Governs maintenance claims for spouses and children. Includes interim maintenance (Rule 43) and final maintenance orders.
Primary Legislation
Divorce Questions
Is the divorce defended or undefended?
Check if a plea was filed within 10 days of service. No plea = undefended. Plea filed = defended.
What about the children?
If there are minor children, a parenting plan is required. The Family Advocate must approve it in contested matters.
Can we settle?
Settlement is always possible, even in defended matters. A signed settlement agreement can be made an order of court.
Disclaimer
This module provides procedural assistance and legal information for divorce matters. It does not provide legal advice. All generated templates must be reviewed before filing. Users remain responsible for complying with the Divorce Act, Children's Act, and High Court Rules.
Consult an attorney or the Family Advocate for advice on custody, maintenance, and property division.
Section 34 of the Constitution protects the right of access to justice. Advome supports that right through procedural guidance and structured information — not through the unauthorised practice of law.